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(영문) 서울남부지방법원 2017.02.10 2016고단5738
성매매알선등행위의처벌에관한법률위반(성매매알선등)
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates sexual traffic establishments in Yeongdeungpo-gu Seoul Metropolitan Government.

On September 28, 2016, around 02:40 on September 28, 2016, the Defendant: (a) had a male grandchild pay 145,000 won in return for sexual traffic; (b) arranged the female employee C to have sexual intercourse with the female employee employed in the said business by credit card; and (c) arranged the said female employee to receive 145,000 won as the price for sexual traffic from male customers to September 28, 2016 from July 3, 2015 to September 28, 2016.

Accordingly, the defendant committed commercial sex acts.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of each police in relation to C or D;

1. A report on investigation (a business establishment);

Attachment of photographs, such as internal and external parts and diesels used for sexual traffic

1. Application of seizure records and lists, photographs of seized articles and on-site photographs Acts and subordinate statutes;

1. Article 19 (2) 1 of the Act on the Punishment of Acts, such as Mediation, etc. of elective sexual traffic concerning facts constituting an offense and Article 19 (2) 1 of the same Act;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Grounds for sentencing under Article 25 of the Act on the Punishment of Acts of Arranging Sexual Traffic;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] and the basic area (from June to January and April) of the types of sexual traffic crimes subject to the age of 19 or older and the mediation, etc. of sexual traffic (the mediation, etc. of sexual traffic by business, giving and receiving prices, etc.) (no person subject to special sentencing];

2. An act of arranging sexual traffic with a certain amount of social harm, such as harming the sound sexual culture and good morals by commercializing a woman’s sex, and requires a simple and serious punishment to prevent the spread of illegal sexual traffic business establishments and to establish a sound sexual culture, the period of business for a long time, and the fact that a considerable amount of criminal profit appears to exist, etc. are disadvantageous to the Defendant.

However, it is like that the defendant repents and reflects the defendant's wrong.

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